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january 2017

Supreme Court of India · 2017-01-23

D.M.,Oriental Insurance Co. Ltd vs Swapna Nayak & Ors

Citation / case number
AIR 2017 SUPREME COURT 692
Court
Supreme Court of India
Petitioner
D.M.,Oriental Insurance Co. Ltd
Respondent
Swapna Nayak & Ors
Author
Abhay Manohar Sapre
Bench
Abhay Manohar Sapre, J. Chelameswar

Judgment text excerpt

The Supreme Court addressed appeals from the Oriental Insurance Company Ltd. and the claimants regarding compensation awarded under Section 166 of the Motor Vehicles Act, 1988. The Court upheld the High Court's decision to reduce the compensation amount from Rs. 4,36,95,740 to Rs. 3,75,00,000, emphasizing the necessity to deduct income tax from the deceased's salary in calculating the compensation. The ruling clarified the method of calculating compensation in fatal accident claims, particularly regarding deductions for personal expenses and taxes.

D.M.,Oriental Insurance Co. Ltd vs Swapna Nayak & Ors · Niyam